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SMALLS v. BATISTA

No. 97 CIV. 6045(RWS).

6 F.Supp.2d 211 (1998)

Kevin SMALLS, Petitioner, v. Wilfredo BATISTA, Superintendent, Marcy Correctional Facility, Respondent.

United States District Court, S.D. New York.

May 19, 1998.

Attorney(s) appearing for the Case

The Legal Aid Society, Criminal Appeals Bureau, New York, NY, by Jeffrey I. Richman, of Counsel, for Petitioner.

Robert T. Johnson, District Attorney, Bronx County, Bronx, NY, by Nancy D. Killian, Assistant District Attorney, of Counsel, for Respondent.

OPINION

SWEET, District Judge.

Petitioner Kevin Smalls ("Smalls") has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the grounds that the trial court's supplemental Allen v. U.S., 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896) charge deprived him of his constitutional rights to due process of law and a jury verdict of guilt beyond a reasonable doubt. For the reasons set...

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